A nice read on Mark di Suvero & public art
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Installation view of Mark di Suvero, “Hugs,” (2011) (photo by the author for Hyperallergic) “After 60 years I’m still doing it with my hands. I cut the steel. I weld it. I put it together ...
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Sent: Thursday, January 31, 2019 4:53:21 PM
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Re: Apprenticeship/Professional Development Model for Public Art by Rachel Engh (31 Jan 2019 00:44 UTC)
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Seed is a public art and collaborative design effort that engages renowned African American artists in mentoring young emerging artists in placemaking by educating them about African American art and community history, providing career development and transferable skills, and creating a sense of place that speaks to the culture of North Minneapolis. Seed is inspired by the Celebration of Life mural, an acclaimed public artwork led by John Biggers, a major African American artist of the twentieth century. Seed began the careers of young artists and organizations (including Obsidian Arts and Juxtaposition Arts), planting artistic “seeds” on the North Side..
The goals of the Seed project are as follows:
Teach young artists transferable skills to make them more employable;Engage artists across generations in a collaborative effort to create a vibrant place that speaks to the culture of the North Side;Build an attractive connection between the North Side and downtown that improves walk-ability and make the area more attractive to developers;Build the capacity of the Chicago Avenue Fire Arts Center (CAFAC) and Obsidian Arts to teach African American art and community history.Preferred pronouns: she/her
Metris Arts Consulting
metrisarts.com | engh@metrisarts.com
484.548.0073 x104 main
230 Ferry St, Suite 203 Easton, PA 18042
Director of Public Art
Arts Council of Indianapolis
924 N. Pennsylvania St.
Indianapolis, IN 46204
o (317) 631-3301 x240
m (317) 332-8382
e jmoore@indyarts.org
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Re: artist insurance through org by Laura Haddad (31 Jan 2019 01:57 UTC)
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What professional liability covers for artists is a good question, since we don’t stamp anything ourselves. From what I can tell, the bottom like is it just gets us the general liability at a better rate.
From: <public_art_network@americansforthearts.simplelists.com> on behalf of Susan Pontious <susan.pontious@sfgov.org>
Reply-To: <public_art_network@americansforthearts.simplelists.com>
Date: Wednesday, January 30, 2019 at 3:41 PM
To: "public_art_network@americansforthearts.simplelists.com" <public_art_network@americansforthearts.simplelists.com>
Subject: RE: artist insurance through org
Thank you for that information Laura and Helen. I had never heard of artists being able to get such coverage and would love to know what it actually covers
Susan Pontious
Civic Art Collection and Public Art Program Director
San Francisco Arts Commission
401 Van Ness Ave. #325
San Francisco, CA 94102
Direct: (415) 252-2241
FAX: 415-934-1022
From: public_art_network@americansforthearts.simplelists.com <public_art_network@americansforthearts.simplelists.com> On Behalf Of Laura Haddad
Sent: Wednesday, January 30, 2019 12:56 PM
To: public_art_network@americansforthearts.simplelists.com
Subject: Re: artist insurance through org
This message is from outside the City email system. Do not open links or attachments from untrusted sources.
Hi There,
Helen is right. Artists can get professional liability insurance. Because of the scale/risk factor of some of our work, our agent, who is amazing, has recently been unable to get us an affordable General Liability policy without first having a Professional Liability policy. So we have both, and they are expensive (each policy costs about $3,500 a year), but apparently it’s our most affordable option. Our General Liability is with Liberty Mutual and Professional Liability is CNA. We are rarely asked for Professional Liability to fulfill contract requirements, and usually still make the case that our professional subconsultants carry that insurance as others have mentioned.
Getting an insurance policy to cover artwork in transit is difficult unless you are the party who are transporting the work. It’s best to have the trucking company provide the coverage. You can also usually get an affordable and temporary floater added to a general liability policy to cover products not in your possession (such as art in transit or at a site during installation). We can get up to ~$100k added to our policy, so sometimes that doesn’t cover everything but it helps. If your art gets damaged beyond $100k in transit that would be terrible!
This doesn’t answer Lauren’s question but might help Eileen…
Laura
-------------------------------------------------
Laura Haddad, Artist
Haddad|Drugan LLC
315 28th Avenue S.
Seattle WA 98144
206-621-7333
http://www.haddad-drugan.com
From: <public_art_network@americansforthearts.simplelists.com> on behalf of "Eileen Gay (via public_art_network list)" <public_art_network@americansforthearts.simplelists.com>
Reply-To: <public_art_network@americansforthearts.simplelists.com>
Date: Wednesday, January 30, 2019 at 11:28 AM
To: <public_art_network@americansforthearts.simplelists.com>
Subject: Re: artist insurance through org
Interesting. Sounds like I need to push my agent a bit more. In the past, we had purchased a separate policy through a different carrier than my GL. Hmmm. Thank you, Charles.
On Jan 30, 2019, at 11:21 AM, Charles Bergen <c.s.bergen@GMAIL.COM> wrote:
typically in GL policies that I have had from State Farm, The Hartford and Selective transportation by the artist is covered....
Thank you,
Charles Bergen AIA LEED AP
Charles Bergen Studios
On Wed, Jan 30, 2019 at 2:17 PM Eileen Gay (via public_art_network list) <public_art_network@americansforthearts.simplelists.com> wrote:
Hi guys -
Since insurance is the topic, it is becoming more difficult to get transport insurance of some kind for my transporting of my work to the site myself. Some budget ranges don’t really allow for paying an transport vendor with the insurance to transport the work for me which also involves a different type of packing / crating for handling. I also enjoy the journey myself as a part of the public artist experience.
Any good transport insurance options out there for transporting the art oneself?
On Jan 30, 2019, at 10:58 AM, Helen Lessick <helen.lessick@gmail.com> wrote:
Hello Lauren and colleagues,
The cost of GL coverage is high in our field, especially for artists working with small budgets.
Check to see if Memphis participates in the SPARTA program (Special Events and Artisan, Tradesmen Contractors). It is not always a cheaper option, but is available to independent artists and artisans work with participating municipalities. https://www.2sparta.com/
Another option is for an artist to be subcontracted through a third party, likely the site manager. A willing convention center or park could subcontract the artist, and add them to their GL policy, to ensure realization of the artwork.
Despite what others have written, artists can get professional liability insurance coverage. I have carried it myself here in southern CA. Know it is crazy expensive coverage and will likely never pay a claim, but provides the client's legal dept. with a sense of security, especially for those of us working in public art policy interpretation and innovation, and with clients newer to public art.
Good luck!
Helen Lessick
Los Angeles
Contract a producing agent, such as a
On Wed, 30 Jan 2019 at 08:36, Lauren Kennedy <lauren@uacmem.org> wrote:
Good morning, everyone,
We are looking into a different insurance structure where artists could possibly go through us for the professional and general liability insurance for public art projects. Do any of you have examples of a policy like this? We have found that the insurance requirements needed by the City of Memphis can be a real cost burden to artists over the life of a project, and wanting to make that a bit easier if possible.
Thanks in advance for any thoughts you can send our way!
--
Best,
Lauren Kennedy
Executive Director :: UrbanArt Commission
422 N. Cleveland St.
Memphis, TN 38104
lauren@uacmem.org :: 901.552.3934
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2019 Juried Call for Sculpture Stevens Point Sculpture Park by Stevens Point Sculpture Park (31 Jan 2019 16:10 UTC)
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2. Submit photographs and support documents via email to pointsculpturepark@hotmail.com, by 3pm on May 24. Please put your name in the subject line. (Note: Total attachments per email should NOT exceed 10MB. If needed, send multiple emails with attachments.)
3. Need help or have questions? Contact us at pointsculpturepark@hotmail.com. Please put “Juried Show” in the subject line.
Exhibition Calendar
May 24, 2019 - Submissions Due
June 14, 2019 - Notification of works selected (by email/phone with follow-up contract)
July 1, 2019 - Contracts Due
August 1 - August 31, 2019 - Sculpture Installation
September 21, 2019 - Celebration at the Park (Opening Reception)
August 2022 - Artists Pick-up Work
Want to learn more about the park? Visit http://stevenspointsculpturepark.org/
Materials and scale must be appropriate for an outdoor environmental location.
Sculpture submissions must be self supporting; foundations or bases are not provided.
Delivery, installation, and return of work are the artist’s responsibility.
Describe your installation process and identify your needs in your proposal.
Selected submissions will receive $1500 for a three-year loan of their work
Questions about the park or the exhibition? contact us at pointsculpturepark@hotmail.com. Please put “Juried Show” in the subject line.
Re: Best practices for public art records - classifying records with record numbers by Helen Lessick (31 Jan 2019 16:27 UTC)
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Hi Public Art Network!
I am in the middle of overhauling the collection management system for the City of Mercer Island’s public art collection. I recently completed phase I, which involved working with our GIS team to update our master collection list and create an internal database of all works of art that we then translated into a public-facing Public Art Story Map. We launched the story map last week and have received a lot of positive feedback. I hope to use this resource not only to engage the public but also to educate and build awareness among City staff to avoid issues related to the collection in the future.
Now I turn my attention to our hard-copy files. I’m reaching out to you all for advice or best practice related to classifying records. Our current record numbers stem from an old digital collections management system we contracted out to create. However, we are no longer using that system now that we have our internal database. These record numbers also do not align with the accession numbers originally assigned to works of art. I plan to create a streamlined filing system with new record numbers that are uniform across all our platforms.
How do you all assign record numbers? Do you identify based on accession date? Or some other numbering system?
I greatly appreciate any insight you all can provide. Thanks!
Sarah Bluvas
Arts & Culture Coordinator
Mercer Island Parks and Recreation
sarah.bluvas@mercergov.org | 206.275.7864 | 2040 84th Avenue SE | Mercer Island, WA 98040
The mission of the Mercer Island Arts Council is to nurture, promote, and support high-quality cultural arts activities for the community. Learn more on the Arts Council website.
NOTICE OF PUBLIC DISCLOSURE: This e-mail account is public domain. Any correspondence from or to this e-mail account may be a public record. Accordingly, this e-mail, in whole or in part, may be subject to disclosure pursuant to RCW 42.56, regardless of any claim of confidentiality or privilege asserted by an external party.
P Please consider the environment before printing this e-mail
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Account via Foundation by scott mumma (31 Jan 2019 17:05 UTC)
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RE: Account via Foundation by andy (31 Jan 2019 17:20 UTC)
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As part of our Local Arts Support, our arts council provides a “fiscal sponsorship” service whereby we receive and subsequently distribute funding for organizations that lack IRS status, for artists, and other projects such as what you need. I’ve attached a description of the program that perhaps you can share with another non-profit such as an arts council, chamber of commerce, or similar vehicle.
Andrew witt
Andrew Witt
Executive Director
St Johns Cultural Council
15 Old Mission Avenue
St. Augustine, FL 32084
904.808.7330 o
803.553.9808 c
From: public_art_network@americansforthearts.simplelists.com [mailto:public_art_network@americansforthearts.simplelists.com]
Sent: Thursday, January 31, 2019 12:06 PM
To: public_art_network@americansforthearts.simplelists.com
Subject: Account via Foundation
Good Day,
I am a member of a Public Art Commission which was established by the Town of Huntersville, NC as an Advisory Board to the Town among other items.
As an Advisory Board, we are not provided with a budget and are not able to have an account through the Town. Is anyone aware of any Foundations or Organizations in North Carolina or elsewhere who provide a way for groups like ours to create an account which allows us receive and distribute donations and funding?
Thank you for your assistance!
Scott Mumma
Chair-Huntersville Public Art Commission
704-785-0984
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Attachment: SJCC Fiscal Agent Services 4.1.18.doc (application/msword)
Re: Account via Foundation by Surale Phillips (31 Jan 2019 18:58 UTC)
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Who owns the design documents for publicly commissioned artwork? by Heim, Joshua (31 Jan 2019 18:50 UTC)
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Hello Friends,
I am in the contracting process with an artist for the design phase of a new publicly commissioned artwork.
The artist insists that they should have all rights and ownership over the design including all design documents and has requested that the City “license” their design.
Our City attorneys are rightly asking:
Is this is common practice?Is it best practice for cities to relinquish all rights to design documents?Have you dealt with artist who “license” their work, and if so, how?And if your state requires open public records as Washington State does, how are you satisfying public records requirements?
I appreciate your collective wisdom on this one.
Best wishes,
Joshua Heim
Arts Program Manager
Department of Planning & Community Development
City of Bellevue
E-mail: jheim@bellevuewa.gov
Phone: 425.452.4105
FAX: 425.452.5247
Physical Address:
450 110th Avenue, NE
Bellevue, WA 98004
Mailing Address:
PO Box 90012
Bellevue, WA 98009-9012
Re: Who owns the design documents for publicly commissioned artwork? by Stacia Goodman (31 Jan 2019 19:06 UTC)
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-
Hi all,
612.718.7946
stacia@staciagoodman.com
Website: StaciaGoodmanMosaics
Facebook: StaciaGoodmanMosaics
Instagram: StaciaGoodmanMosaics
LinkedIn: Stacia Goodman
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Re: Who owns the design documents for publicly commissioned artwork? by Julia Muney Moore (31 Jan 2019 19:27 UTC)
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612.718.7946
stacia@staciagoodman.com
Website: StaciaGoodmanMosaics
Facebook: StaciaGoodmanMosaics
Instagram: StaciaGoodmanMosaics
LinkedIn: Stacia Goodman
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RE: Who owns the design documents for publicly commissioned artwork? by Lambe, Susan (31 Jan 2019 21:02 UTC)
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Austin Art in Public Places commission contracts state that, as part of the commission close-out, the artist will deliver all drawings, renderings, maquettes, sketches, models, and any other documents and materials created by the Artist in furtherance of the Artwork. Note to public art administrators - this means extra work and storage facilities to accession these work items into the archive.
Creative Commons License: Austin Art in Public Places is working with artist team New American Public Art (NAPA) to create a fully open-sourced permanent public artwork, the first such work in the Art in Public Places collection. NAPA believes public art should be public from conception to completion, thus creating a resource for innovation and the creative economy. In collaboration with AIPP, all of the concepts, designs, contracts and methods used to create the work will be made available to the public under a non-commercial creative commons license (CC BY-SA-NC 4.0). The artwork will be in place later this year.
Susan Lambe, PLA, CNU-A
Art In Public Places Program Manager
512.974.7852
Mailing address: Cultural Arts Division Office P.O. Box 1088, Austin, TX 78767
austincreates.com :: facebook.com/AustinAIPP :: resources for artists!
From: public_art_network@americansforthearts.simplelists.com [mailto:public_art_network@americansforthearts.simplelists.com] On Behalf Of Julia Muney Moore
Sent: Thursday, January 31, 2019 1:27 PM
To: public_art_network@americansforthearts.simplelists.com
Subject: Re: Who owns the design documents for publicly commissioned artwork?
Our agreements recognize that the artist owns the design and its copyright but licenses rights of use and reproduction for non-commercial purposes to the commissioning group. This allows the commissioning group to make copies for archival and promotional use. The commissioning group has the right to request physical possession of any original, one-of-a-kind materials related to the design (like maquettes, etc.--"work product") for archival purposes. Finally, the agreement specifies that the work will not be duplicated by the artist--that it must remain one-of-a-kind, unless it's a purchase of a cast from an edition, in which case that is specified in the agreement.
I've had discussions with artists about who owns the molds for any cast work. They are considered work product, but since they can be re-used, in agreements where the artwork is going to be cast there have to be specific instructions about the molds. Typically the artist keeps them but agrees not to reuse them to create a duplicate of the artwork. Sometimes the commissioning group will request them in case replacement parts need to be cast. It really depends on the nature of the work.
Hope this helps.
Julia Muney Moore
Director of Public Art
Arts Council of Indianapolis
924 N. Pennsylvania St.
Indianapolis, IN 46204
(317) 631-3301 x 240
(317) 332-8382 mobile
On Thu, Jan 31, 2019 at 2:06 PM Stacia Goodman <stacia@staciagoodman.com> wrote:
Hi all,
I’m a mosaic artist who create often-large public art pieces. I just finished working with an attorney on my contractual requirements. He’s the “ownership” gist, which I believe results in fairness for all:
• I retain ownership rights of all designs (selected and unselected), but my client can use imagery of the selected design for any nonsaleable activities — as long as my name appears in association with the work.
• The client CANNOT use my designs for anything other than the intended purpose. (Recently — and before my contract was in place — a client used the design of my commissioned artwork to “theme” its new corporate building’s exterior. I can send photos to anyone who would like to see.)
• Re — public records: I’m currently working with a state university, and I have to provide them a final report that includes: early sketches, cost documentation, timeline, progress photos, professional finished photos (my expenses), installation narrative, public art statement, etc.
• I have not dealt with licensing yet.
I hope this is helpful, and thanks for asking this informed community!
Stacia
612.718.7946
stacia@staciagoodman.com
Website: StaciaGoodmanMosaics
Facebook: StaciaGoodmanMosaics
Instagram: StaciaGoodmanMosaics
LinkedIn: Stacia Goodman
On Jan 31, 2019, at 12:50 PM, Heim, Joshua <JHeim@bellevuewa.gov> wrote:
Hello Friends,
I am in the contracting process with an artist for the design phase of a new publicly commissioned artwork.
The artist insists that they should have all rights and ownership over the design including all design documents and has requested that the City “license” their design.
Our City attorneys are rightly asking:
I appreciate your collective wisdom on this one.
Best wishes,
Joshua Heim
Arts Program Manager
Department of Planning & Community Development
City of Bellevue
E-mail: jheim@bellevuewa.gov
Phone: 425.452.4105
FAX: 425.452.5247
<image001.png>
Physical Address:
450 110th Avenue, NE
Bellevue, WA 98004
Mailing Address:
PO Box 90012
Bellevue, WA 98009-9012
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RE: Who owns the design documents for publicly commissioned artwork? by John Raulerson (31 Jan 2019 19:33 UTC)
Reply to list
This could be helpful.
A Guide to the Visual Artists Rights Act
by
Cynthia Esworthy
NEA Office of General Counsel, JD Washington & Lee Law School 1997
· You are a sculptor. On commission, you create a bronze frieze for a city park. A year later, you
discover that the center of the frieze has been covered by a copy of the city seal. Can you force the city to remove the seal?
· You have just purchased an office building. In the central lobby there is a large,
permanently fixed sculpture that you find aesthetically displeasing. Can you remove it?
· You are a well-known painter. You discover that a company that has purchased one of
your canvasses is advertising one-inch square portions of it so that buyers can "own an original
painting" by you. Can you stop them?
· You are an airport. You commission a giant mobile, specifically designed for the interior
of your central terminal. You would like to relocate the mobile to the front exterior entrance of
the terminal, which will require weatherproofing, removal of the motor and rendering the mobile
stationary, and repainting it to match the color scheme. Can the artist prevent the move or
modifications?
· You are a photographer. You discover that a limited edition triptych you created and sold
has been separated into three pieces for resale. Can you require that the piece be sold as a whole?
· You are a county arts agency. You commission a mural for the side of a county building.
You later discover that a state law requires you to build a handicapped access ramp blocking the
lower part of the mural. Can you paint over the lower part of the mural?
· You are a printmaker. A collector has just sold one of your prints for 100 times the
original cost. Are you entitled to a royalty on the sale?
What rights does an artist have once the work is sold? Until 1990, with rare exceptions -- such as Monty Python, which won a lawsuit preventing broadcast of edited programs -- artists in the United States had virtually no power to protect their work from mutilation, misattribution, or destruction. For example, in 1966, Maryland commissioned William Smith to create nine murals highlighting the state's history, subsequently installed but altered the central panel, and then refused to remove his name from the piece. He had no recourse. In 1980, the Bank of Tokyo commissioned and then removed Isamu Noguchi's 1,600 pound sculpture, Shinto, from its Manhattan lobby, sliced it into pieces, and warehoused it, without notifying the artist. He had no recourse. In 1979, the General Services Administration commissioned and then, after office workers complained about it, removed Richard Serra's Tilted Arc, a site-specific sculpture bisecting Manhattan's Foley Square. He had no recourse.
With the 1990 passage of the Visual Artists Rights Act (VARA), protecting the moral rights of attribution and integrity, the successors of Smith, Noguchi, or Serra ---today's artists--- have a far greater ability to protect against similar threats to their work. But, as three artists who spent several years creating a massive sculptural installation learned after Helmsley-Spear purchased the building, these rights are not absolute: the Supreme Court recently ruled that VARA does not prevent the removal and destruction of their work. VARA applies only to a restricted category of visual artworks, extends only limited rights, and is subject to loopholes, exclusions, and waiver provisions that substantially erode its powers.
What are moral rights?
Property ownership does not necessarily convey absolute rights over the thing bought. Real estate ownership, for example, is restricted by zoning legislation. Preservation legislation recognizes society's interest in preserving its architectural treasures, despite private ownership. Similarly, moral rights legislation recognizes that art ownership is not an absolute property right.
The term moral right itself comes from the French le droit moral, an 18th century French concept referring to rights of a non-economic but spiritual or personal nature, existing independently of an artist's copyright. Such rights are based on what the court in Carter v. Helmsley-Spear, Inc. explained as "a belief that an artist in the process of creation injects his spirit into the work and that the artist's personality as well as the integrity of the work, should therefore be protected and preserved."
Moral rights include:
1. disclosure or divulgation, which allows the artist to determine when a work is
complete and may be displayed;
2. paternity or attribution, which allows an artist to protect the identification of his
name with his own work, and to disclaim it when applied to another's;
3. the right of withdrawal, which permits the artist to modify or withdraw a work
following publication; and
4. integrity, which allows the artist to prevent his work from being displayed in an
altered, distorted, or mutilated form.
Works covered by VARA:
VARA covers only limited, fine art categories of "works of visual art": paintings, sculptures, drawings, prints, still photographs produced for exhibition. Within this group, only single copies or signed and numbered limited editions of 200 or less are actually protected. VARA does not apply to any of the following: works made for hire, posters, maps, globes or charts, technical drawings, diagrams, models, applied art, motion pictures, books and other publications, electronic publications, merchandising items or advertising, promotional, descriptive, covering, packaging material or container, nor does it cover any work not subject to general copyright protection.
Rights conferred by VARA:
Of the moral rights panoply conferred by other nations, VARA recognizes only attribution and integrity as legal causes of action. Attribution includes the rights to claim authorship of a work, to prevent attachment of an artist's name to a work which he
did not create, and, where there has been a subsequent distortion, mutilation, or modification of the work prejudicial to the artist's honor or reputation, the right to disclaim authorship and to prevent identification of the artist's name with the work. Congress
did not define the term prejudicial to one's honor or reputation, but the House Report on VARA advised focusing on "the artistic or professional honor or reputation of the individual as embodied in the work that is protected...While no per se rule exists,
modification of a work of recognized stature will generally establish harm to honor or reputation." The court in Carter v. Helmsley-Spear, one of the few cases filed under VARA, relied on expert testimony, focusing on "good name, public esteem, or reputation
in the
artistic community."
Exceptions to VARA coverage:
Congress was careful to delineate several exceptions. For example, natural modifications resulting from aging or the inherent nature or quality of the materials used do not constitute statutory modification, distortion or mutilation. Similarly, modification
resulting from conservation or public presentation involving lighting and placement is not a prohibited modification unless caused by gross negligence. So, for example, while some natural fading is unavoidable for textiles, excessive fading of especially fragile
materials caused by overexposure to direct sunlight could trigger the statute. Similarly, the natural
melting of an ice sculpture falls into the inherent nature exception and would not trigger the statute, but loss could be prohibited separately by contract.
The rights to claim or disclaim authorship of a work and to prevent the use of one's name on a distorted, mutilated, or modified work prejudicial to one's honor or reputation do not apply to a reproduction, depiction, portrayal, or other use of a work of visual art outside the statute's limited protected class. Nor do they constitute a mutilation.
Congress also made VARA rights subject to 113(d) of the copyright law, which addresses problems arising where the work is part of a building. For example, the right of integrity does not apply if the artist either consented to the installation of the artwork before VARA's trigger date [December 1, 1990], or both the artist and the building owner executed a written agreement on or after the trigger date, specifying that installation of the artwork may subject the work to damage by reason of removal.
If the building owner wants to remove an artwork which can be safely removed, the artist's rights apply unless (1) the building owner has made a diligent, good faith but unsuccessful attempt at notification of the artist of his removal intent, or (2) the
building owner did provide notice, but the artist either failed to remove the work or to pay for its removal within 90 days after receiving notice. A "diligent, good-faith attempt" involves sending notice by registered mail to the artist at his most recent
address as recorded by the Register of Copyrights. This record is part of a system, established by Congress, which permits an
artist whose work is incorporated in a building to record his identity and address, with available update procedures, and similarly permits building owners to record evidence of their efforts to comply.
Another exception involves Congress' specification that the VARA rights are wholly independent of the copyright owner's exclusive rights (1) to reproduce the copyrighted work in copies; (2) to prepare derivative works based on the copyrighted work; (3) to distribute copies to the public by sale or other forms of ownership transfer, e.g., barter, or by rental, lease, or lending; and (4) to display the work publicly. While the artist retains VARA rights, these rights transfer to whoever owns the copyright in the artwork.
Congress further provided that VARA rights were subject to 107 fair use limitations on exclusive rights. If the artwork is copyrighted, there are permissible fair use purposes for which the work may be reproduced, and which constitute a defense to infringement,
including "criticism, comment, news reporting, teaching, scholarship, or research." In given circumstances, artistic parody may also be a defense subject to the four-factor fair use analysis. The statute sets forth four factors which must be considered in
determining whether a use is permissible: the purpose and character of the use, the nature of the copyrighted work itself, the amount and substantiality of the portion used in relation to the
copyrighted work as a whole, and the effect of the use on the potential market for or value of the copyrighted work.
Exercise of rights, including transfer and waiver:
VARA restricts the exercise of the rights of attribution and integrity to the author or joint authors of the artwork, regardless of whether he/they hold title either to the copyright or the artwork itself. Thus while both copyright and physical ownership
are property rights which may be transferred, moral rights may not be transferred. Moral rights may, however, be waived. The waiver instrument must be very specific: the
creator must consent in a written and signed instrument specifically identifying the artwork, the uses of that work, and with a clause limiting the waiver to both aspects. Where the artwork is created by more than one author, any one creator's waiver binds
the group.
Duration:
For works created on or after December 1, 1990, (VARA's trigger date) VARA's moral rights are granted for the life of the author, or in the case of a joint work, until the death of the last surviving author. Works created before that date, but still owned by the author on that date, are coextensive with and expire at the same time as the copyright.
Remedies:
The legal remedies available for a violation of moral rights are the same as the civil (but not criminal) remedies available for copyright infringement: injunction, impounding, damages, profits or statutory damages, costs and reasonable attorney's fees. Statutory damages range from a $500 minimum to a $20,000 maximum, increasing to $100,000 for willful infringements and decreasing to $200 for innocent infringements.
Under VARA (unlike copyright infringement), an artist has a cause of action in a federal court even if his artwork is not registered with the Copyright Office. Because the burden of proof on the artist diminishes and the amount of monetary damages could
increase if an artwork is registered before an infringement, an
artist should register his copyright as soon as possible.
It's important for artists to be aware that, while VARA establishes specific federal causes of action, additional protections are often available under state statutes. In addition, they can negotiate even more expansive rights enforceable by contract. For example, an artist could negotiate a resale royalty and specify an intent to retain rights of reproduction, even though additional contractual obligations are normally limited to the first sale.
Buyers and art owners should equally understand that VARA does not intrude on the standard protections available to them through contracts to purchase or commission, but in fact allows moral rights waivers. Those entering a commission arrangement can further specify that the work is for hire, which would put the work outside VARA protection, but they must meet the other criteria for that category.
FURTHER INFORMATION:
Links for the Visual Artists Rights Act can be found at http://www.loc.gov/copyright/title17/92chap1.html#106a (basic provision) and http://www.loc.gov/copyright/title17/92chap1.html#113 (exception for artworks fixed to buildings) You can also contact the Copyright Office (http://lcweb.loc.gov/copyright) for further information. If you are an artist facing VARA issues, you may want to contact an organization such as Volunteer Lawyers for the Arts or the Washington Area Lawyers for the Arts that provides legal assistance to artists. You may also want to consult organizations in your field, such as the International Sculpture Center for sculptors.
Full Copyright law can be located at: http://www.copyright.gov/title17/92chap1.html
John Raulerson
FSU Facilities
Program Director
Master Craftsman Studios
MCS Sign Shop
Outdoor Amenities
Grounds and Landscaping Operations
Cell 850-544-2896
From: public_art_network@americansforthearts.simplelists.com <public_art_network@americansforthearts.simplelists.com> On Behalf Of Stacia Goodman
Sent: Thursday, January 31, 2019 2:07 PM
To: public_art_network@americansforthearts.simplelists.com
Subject: Re: Who owns the design documents for publicly commissioned artwork?
Hi all,
I’m a mosaic artist who create often-large public art pieces. I just finished working with an attorney on my contractual requirements. He’s the “ownership” gist, which I believe results in fairness for all:
• I retain ownership rights of all designs (selected and unselected), but my client can use imagery of the selected design for any nonsaleable activities — as long as my name appears in association with the work.
• The client CANNOT use my designs for anything other than the intended purpose. (Recently — and before my contract was in place — a client used the design of my commissioned artwork to “theme” its new corporate building’s exterior. I can send photos to anyone who would like to see.)
• Re — public records: I’m currently working with a state university, and I have to provide them a final report that includes: early sketches, cost documentation, timeline, progress photos, professional finished photos (my expenses), installation narrative, public art statement, etc.
• I have not dealt with licensing yet.
I hope this is helpful, and thanks for asking this informed community!
Stacia
612.718.7946
stacia@staciagoodman.com
Website: StaciaGoodmanMosaics
Facebook: StaciaGoodmanMosaics
Instagram: StaciaGoodmanMosaics
LinkedIn: Stacia
Goodman
On Jan 31, 2019, at 12:50 PM, Heim, Joshua <JHeim@bellevuewa.gov> wrote:
Hello Friends,
I am in the contracting process with an artist for the design phase of a new publicly commissioned artwork.
The artist insists that they should have all rights and ownership over the design including all design documents and has requested that the City “license” their design.
Our City attorneys are rightly asking:
I appreciate your collective wisdom on this one.
Best wishes,
Joshua Heim
Arts Program Manager
Department of Planning & Community Development
City of Bellevue
E-mail: jheim@bellevuewa.gov
Phone: 425.452.4105
FAX: 425.452.5247
<image001.png>
Physical Address:
450 110th Avenue, NE
Bellevue, WA 98004
Mailing Address:
PO Box 90012
Bellevue, WA 98009-9012
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RE: Who owns the design documents for publicly commissioned artwork? by Billerbeck, Ronda (31 Jan 2019 20:22 UTC)
Reply to list
Hi Josh and All,
Our public art contracts indicate that all drawings, designs, and models of original artwork prepared under the agreement belong to the artist. We have a line specifying that we may select and the artist will provide one of the original drawings if indicated as part of the scope of work and that we will then use it solely for exhibition. Our contract also has wording that, at our request, the artist will loan us any of the drawings, designs, or models associated with the project for use in display exhibits for “reasonable time periods to be mutually agreed upon.”
Our contract also specifies that the artist assigns us “an irrevocable license to reproduce the original artwork in any manner whatsoever for the purposes of promotion, publicity, education, or exhibition.”
I hope that helps.
Ronda
Ronda Billerbeck, Cultural Programs Manager
Cultural Programs | Parks, Recreation & Community Services
220 Fourth Avenue South, Kent, WA 98032
Direct Line 253-856-5055 | Fax 253-856-6050
rbillerbeck@KentWA.gov
CITY OF KENT, WASHINGTON
KentWA.gov Facebook Twitter YouTube
PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL
From: public_art_network@americansforthearts.simplelists.com [mailto:public_art_network@americansforthearts.simplelists.com] On Behalf Of Heim, Joshua
Sent: Thursday, January 31, 2019 10:50 AM
To: public_art_network@americansforthearts.simplelists.com
Subject: Who owns the design documents for publicly commissioned artwork?
EXTERNAL EMAIL
Hello Friends,
I am in the contracting process with an artist for the design phase of a new publicly commissioned artwork.
The artist insists that they should have all rights and ownership over the design including all design documents and has requested that the City “license” their design.
Our City attorneys are rightly asking:
Is this is common practice?Is it best practice for cities to relinquish all rights to design documents?Have you dealt with artist who “license” their work, and if so, how?And if your state requires open public records as Washington State does, how are you satisfying public records requirements?
I appreciate your collective wisdom on this one.
Best wishes,
Joshua Heim
Arts Program Manager
Department of Planning & Community Development
City of Bellevue
E-mail: jheim@bellevuewa.gov
Phone: 425.452.4105
FAX: 425.452.5247
Physical Address:
450 110th Avenue, NE
Bellevue, WA 98004
Mailing Address:
PO Box 90012
Bellevue, WA 98009-9012
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